[Federal Register Volume 87, Number 113 (Monday, June 13, 2022)]
[Rules and Regulations]
[Pages 35654-35656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12615]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0134]
RIN 1625-AA00


Safety Zone; Falls Bridge Project, Blue Hill, ME

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the navigable waters within a 50-yard radius from the center of the 
Falls Bridge in Blue Hill, ME. This action is necessary to protect 
personnel, vessels, and marine environment from potential hazards 
created by the demolition, subsequent removal, and replacement of the 
Falls Bridge. This regulation prohibits entry of vessels or persons 
into the safety zone unless authorized by the Captain of the Port 
Northern New England or a designated representative.

DATES: This rule is effective from July 1, 2022, through June 30, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0134 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Chief Marine Science Technician Zachary Wetzel, Waterways 
Management Division, Sector Northern New England, U.S. Coast Guard; 
telephone 207-347-5003, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Northern New England
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On January 6, 2022, the Maine Department of Transportation notified 
Sector Northern New England of an upcoming construction project on the 
Falls Bridge in Blue Hill, ME. In response, on April 22, 2022, the 
Coast Guard published a notice of purposed rulemaking (NPRM) titled 
``Safety Zone; Falls Bridge Project, Blue Hill, ME'' (87 FR 24088). 
There we stated why we issued the NPRM, and invited comments on our 
proposed regulatory action related to this construction project. During 
the comment period that ended May 23, 2022, we received one comment.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. The comment period for the NPRM 
associated with the Falls Bridge in Blue Hill, ME, Bridge replacement 
project ended on May 23, 2022. The construction project is scheduled to 
begin on July 1, 2022. Thus, there is now insufficient time for a 30 
day effective period before the need to enforce the safety zone on July 
1, 2022. The Maine Department of Transportation has awarded the job to 
a contractor and work is ready to begin. Delaying the enforcement of 
this safety zone to allow a 30 day effective period

[[Page 35655]]

will be impractical and contrary to the public interest because it 
would inhibit the Coast Guard's ability to fulfill its mission to keep 
the ports and waterways safe.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Northern New 
England (COTP) has determined that potential hazards associated with 
the bridge construction from July 1, 2022, through June 30, 2024, will 
be a safety concern for anyone within a 50-yard radius of the bridge. 
The purpose of this rule is to ensure safety of vessels and the 
navigable waters in the safety zone during bridge construction.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on our NPRM published April 
22, 2022. The comment was in favor of the rule. There are no changes in 
the regulatory text of this rule from the proposed rule in the NPRM.
    This rule establishes a safety zone from July 1, 2022, through June 
30, 2024. The safety zone will cover all navigable waters within 50 
yards of the Falls Bridge located in Blue Hill, Maine. The duration of 
the zone is intended to ensure the safety of vessels and these 
navigable waters during bridge replacement. No vessel or person will be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on the size and 
location of the safety zone. The safety zone would only impact a 50-
yard radius from the center of the Falls Bridge in Blue Hill, ME. Local 
waterway use is normally recreational and public outreach performed by 
Maine Department of Transportation has not identified any commercial 
vessel use. Proper public notice of enforcement will be given through 
appropriate means, which may include, but are not limited to, 
publication in the Local Notice to Mariners and Broadcast Notice to 
Mariners via VHF-FM marine channel 16.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined that this action is one of 
a category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule involves 
establishing a safety zone that would be enforced 24 hours a day from 
July 1, 2022, through June 30, 2024, that would prohibit entry within a 
50-yard radius from the center of the Falls Bridge in Blue Hill, ME. It 
is categorically

[[Page 35656]]

excluded from further review under paragraph L60(a) of Appendix A, 
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of 
Environmental Consideration supporting this determination is available 
in the docket. For instructions on locating the docket, see the 
ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.2.


0
2. Add Sec.  165.T01-0134 to read as follows:


Sec.  165.T01-0134  Safety Zone; Falls Bridge Project, Blue Hill, ME.

    (a) Locations. The following area is a safety zone: All navigable 
waters, from surface to bottom, within a 50-yard radius from the center 
of the Falls Bridge in Blue Hill, ME.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Northern New England (COTP) in the enforcement of 
the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative via VHF-FM marine channel 16 or by contacting the Coast 
Guard Sector Northern New England Command Center at (207) 741-5465. 
Those in the safety zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative.
    (d) Enforcement period. This section is effective from July 1, 
2022, through June 30, 2024, and subject to enforcement 24 hours a day. 
The Coast Guard will use Broadcast Notice to Mariners and Local Notice 
to Mariners to notify the public of this safety zone.

    Dated: June 6, 2022.
A.E. Florentino,
Captain, U.S. Coast Guard, Captain of the Port Northern New England.
[FR Doc. 2022-12615 Filed 6-10-22; 8:45 am]
BILLING CODE 9110-04-P